But a one-year suspension — technically, a permanent banishment with the ability to apply for reinstatement after one year — applies only to players who already were in Stage Three of the substance-abuse program. While no one is talking about the specifics of the Browner case, we have a theory. Or a hypothesis. Or something.

When players are cut by NFL teams, they remain subject to the testing requirements of the substance-abuse policy. If they don’t show for the tests (after all, they’re no longer NFL employees), they become subject to the various steps and stages of the substance-abuse program.

It’s wrong and it’s unfair, but that’s just the way it is, as agreed to by the NFL Players Association.

Browner played for the Broncos in 2005. Cut in 2006, Browner surfaced the following year in the CFL. Unless Browner violated the substance-abuse policy enough times in one-plus year with the Broncos to land in Stage Three, there’s a chance he fell victim to the unfair expectation that players who have been dumped by the NFL still have to submit to NFL-implemented drug tests, and that he returned to the NFL in 2011 with a lifetime membership in Stage Three.

That’s how Stage Three works. Once a guy enters Stage Three, he never gets out. And if he makes one false move while in Stage Three, via a positive test or a failure to show up for a test, he’s done for at least a year.

If that’s what happened with Browner — if he landed in Stage Three because he didn’t show up for drug tests when he wasn’t an NFL employee — his suspension needs to be scrapped. And if the NFL won’t reverse the suspension, Browner needs to load up the legal cannon and aim it at anyone and everyone.

Operating under your theory… If Browner was popped last year for PED’s, should not his suspension been for a year, and not the 4 games he served? I am making the assumption that a PED suspension is also categorized as a “substance abuse” suspension… I’m just a bit confused, like the rest of us…

If PED’s do not fall under the “substance abuse policy” then I agree that the hypothetical in the article may have some teeth.

My problem would also be if it is weed, I find it stupid as hell that weed is not allowed. Stone age.

tedmurph says:Nov 26, 2013 11:10 PM

Lots of things in life are ‘wrong and unfair’, but rules are rules, laws are laws and labor agreements are labor agreements. Who’s he gonna sue? The NFL because they won’t make an exception to the labor agreement the NFLPA signed off on?

As a Seahawks fan if the unfair rule is to blame for his 1 year suspension(instead of 4 games) it should be changed immediately, but that does not excuse him from the incredibly stupid and selfish act he committed. He has let his teammates, coaches, 12th Man and family down, and most likely ended his career in the NFL.

Agree with this… we don’t know what Browner popped for specifically, but it’s mostly assumed to be marijuana, after the Sam Hurd admissions its use is pretty widespread but some have the poor timing of getting caught the 1 time a year they’re tested. He shouldn’t be required to go through the testing hoops when he’s not employed by the league, but even if he was legitimately at stage 3, the draconian punishment if it is pot doesn’t fit the “crime”. Players are given more dangerous and addictive pain management drugs than pot, I think the national dialogue about pot has shown the majority of the country supports its legalization, and of course the Seahawks and Broncos now are home to states where it is legal. It’s the opposite of a performance enhancing drug, it seems really unfair a guy who has played pro football for 8 years at a upper echelon level has played for minimum salary in Canada and the NFL and while admittedly making a dumb mistake, would likely see his career end, given age and being a year away from the game, for (what we assume to be) smoking weed.

Oh how the tables have turned.. Lol no but serious when is going to be on IR either way.. And before this came out he was thought to be gone after this season at well.

As many seahawks fans have mentioned before. The seahawks only lost one player, Thurmond. Browner was hurt and out anyway. Thurmond will be back the last game I regular season and playoffs. So how the they won’t be able to field a team statements get any repeat traction from other trolls, dumbfounds me.

Unfortunately last year he was out and the same two cast of cbs to replace him for 4 games and they stomped Mudd wholes in 4 straight opponents while solidifying their being the top defense. That was with backups backups. Same reasons were all so confident, the seahawks have a legitimate 4-5 starting cbs. Yes they added depth.. By behind them their no experience.. We look forward to MNF. The seahawks are for the most part finally healthy offensively and are 2 in scoring offense and 3 in points allowed. They have the best margin despite pulling starts in blowouts, unlike Manning who is in late risking injury.

Seahawks 38- Saints 17..Go Hawks..

chawk12thman says:Nov 26, 2013 11:15 PM

Why would the NFLPA agree to something like this as part of the contract? It seems unfair to all players who retire or are cut. Unless under contract, I don’t see how they can expect players to be subject to random drug testing requirements?

It doesn’t excuse his alleged conduct, but it does mitigate it…….a bit.

If Browner broke a rule that was agreed to by the NFLPA, why should he “load up the legal cannon and aim it at anyone and everyone”?

You may think the rule is unfair, but the NFLPA, the organization that fights for Browner’s rights, did not. Browner, and the NFLPA, are welcome to campaign in favor of changing the rule in the next CBA — but that doesn’t give Browner free license to break it.

Thought NFL sanctioning coaches for giving their opinion after game was going a little too far but drug testing for ex-employees?….

metalhead65 says:Nov 26, 2013 11:20 PM

are we suppose to feel sorry for this guy? if he wanted to play in NFL again he knew the rules and chose to ignore them. he got what he deserved, fair or not rules are rules. you deal with the consequences if you choose to ignore them. maybe he will think twice before he decides to do whatever his drug of choice is next time.

Wow another football player under Pete Carroll to be tied to ped or drugs or something against rules, how many times is this? Everybody jumped on the seahawks bandwagon. That bandwagon has a dirty driver, maybe its time to leave seattle like USC and let somebody else clean up his mess.

Gosh I wish my gym membership worked that way. They just called me today to tell me my price is going up next month. I told them I’m going to another gym after they refused to honor the same price I was currently paying. They didn’t budge one cent. The price is the price.

“If that’s what happened with Browner — if he landed in Stage Three because he didn’t show up for drug tests when he wasn’t an NFL employee — his suspension needs to be scrapped. And if the NFL won’t reverse the suspension, Browner needs to load up the legal cannon and aim it at anyone and everyone.”

Negative….

This is what the NFLPA agreed too. Let’s also not forget that Mr. Browner has as you put it, landed in Stage Three of the substance-abuse program, for a reason.

For instance just because smoking pot is considered legal by law in Colorado. If a company or corporation based there has a policy that if you test positive you will not be allowed to work there, there is no statute of limitations on your last drug test. You no longer work for that company or corporation.

I am worried about my Seahawks. I think the Saints are going to shred our now soft secondary.

tremoluxman says:Nov 26, 2013 11:46 PM

That’s nuts to be out of the NFL, yet still subject to its rules and policies. Not defending substance abuse, but the NFL’s jurisdiction should end when employment does. The NFLPA dropped the ball on this point if they agreed to it. So did the players in general.

the bigger issue is the number of offenders under Pete Carroll’s watch.I was under the impression the nfl could punish teams with fines and or draft picks, if they had a large amount of violators.
I guess that was another line of bull from the nfl
I bet if Tampa Bay or Jacksonville had that many offenders they would be punished by the league.

“When players are cut by NFL teams, they remain subject to the testing requirements of the substance-abuse policy. If they don’t show for the tests (after all, they’re no longer NFL employees), they become subject to the various steps and stages of the substance-abuse program.

It’s wrong and it’s unfair, but that’s just the way it is, as agreed to by the NFL Players Association.”

Can you be clearer on this, Mike? For how long does this apply to former players? Until they file official retirement papers?

While the way he got to stage 3 maybe questionable he still got popped 2x in the last 2 years. I think the Seahawks have the best secondary in the NFL most of them are getting in trouble with testing positive….Raises questions does it not?

bnwpnw says:Nov 27, 2013 12:29 AM

YEAH!

Also, cracking down like this for marijuana, which is legal in Browner’s state and soon to be legal in quite a few more, is going to seem like prohibition-era thinking in a few years, or maybe even just a few months.

Honestly, you get in more trouble in the NFL for getting accused of smoking a joint than for getting accused of rape.

He is only 1 player been caught. Players all over the league are cheating their testing and your an idiot if you think otherwise. Random year around spontaneous testing by tram Dr that work for the NFL would be your best bet for catching more players. You may not want to do that because it could mean blackouts by players not able to play and lost money. so that certainly won’t work if money tv revenue will be lost!

Well, on this point, he might have a point. But he would then have to sue the league and the NFLPA? Hmmmmm.

That puts the team in a strange an awkward position, kind of no-win. But once again, it gets down to the fact that the player was selfish, put himself before team, letting himself think the rules, no matter how egregious would not apply to him. So, even if he wins his case, he loses, the team loses, the league and the NFLPA loses.

Damn, that’s a pretty rough way to justify taking away a player’s livelihood for a full year. BB should absolutely have not failed the test in the first place, I’m not excusing that. But if he just failed his second test, a year is WAY too harsh. and demanding players keep testing when they’re not employed is ridiculous, test them when they reapply just like every other job.

What’s intriguing as well is the timing… 11/24/2012 was when Browner went out on PED charges with a 4 game suspension. It was also report out of the same guy within the NFL Media relations team. Personally it sounds a bit fishy… especially how NFL media released the information for MNF. Anyway… Great investigative reporting.

It has been reported that this is the case locally in Seattle, and that Browner expects to win the appeal, but we’ll see. So the question still remains if he actually smoked weed or just missed a test. If it turns out he was in stage 3 unfairly, which it looks to be on the surface, and he just missed a test as opposed to testing positive, it will look much better for him.

If this does happen, it will be hilarious watching all the seahawk fans back pedal and welcome this guy back to their team after saying he was a bum for doing drugs. In all reality, they are just calling him a bum cause he got caught and leaves their team vulnerable.

He still failed a drug test. If I fail a drug test at work, I lose my job, and I don’t make millions of dollars.

Zero sympathy.

granadafan says:Nov 27, 2013 3:01 AM

Don’t take drugs, don’t break the rules. Simple. Oh wait, he’s a Seahawk and plays for a guy known as Cheatey Petey.

seatownballers says:Nov 27, 2013 3:04 AM

Crap rule.
Idiot decision by him.
Millions lost over weed.
End prohibition already, and tax it.

bannedfromchoirpractice says:Nov 27, 2013 3:18 AM

It’s also hard to understand how players are subject to fines by the league, for illegal hits, etc. Common sense dictates that those sorts of fines (withholding pay) would violate labor laws in a free country such as the US.

And once again we find the players and Demaurice Smith just totally dropped the ball with the last CBA. The players had all the leverage in the world to fix this kind of problem and it just didn’t happen.

“If that’s what happened with Browner — if he landed in Stage Three because he didn’t show up for drug tests when he wasn’t an NFL employee — his suspension needs to be scrapped. And if the NFL won’t reverse the suspension, Browner needs to load up the legal cannon and aim it at anyone and everyone.”

Browner knew the rules of the NFL. If he ever wanted to be able to play in the NFL again – he should have submitted to the tests as specified in the CBA.

Playing in the NFL isn’t a right – it’s a privilege.

We don’t need any more lawyers trying to screw up the NFL, thank you.

jimnaizeeum says:Nov 27, 2013 6:16 AM

“If that’s what happened with Browner”…but you are just guessing, without even a shred of anything to back it up

So it’s not whether he doped up, rather it’s about the technicality he can use to get off. Makes perfect sense. Stupid lawyers, destroying every part of this country, including the NFL.

mjposner says:Nov 27, 2013 6:42 AM

That’s where a good agent/lawyer/handler comes in and warns the player that he is on a one strike and out risk. If this information was given to Browner and he still couldn’t do drugs then he pays the price.

Its not like he did not want to play in the nfl anymore, he just wasn’t good enough at that time, but knowing he would continue to try, he should have submitted to testing.

So it is not possible that in 2006, 2011-2013 that he couldnt have failed/no showed 3 times? we have to just assume that the NFL railroaded him?

clarencewhorley says:Nov 27, 2013 6:56 AM

Wrong again. What would stop a player from quitting for a year, saying he is done with the NFL to avoid testing and using PEDs to get ready for the next season. He could cycle down, show up to camp, take a test and be clean and be huge, fast and clean right in time for the NFL season and a new contract.

dajaba75 says:Nov 27, 2013 6:58 AM

…or he could just… stop abusing substances, maybe?

Just a thought. Probably would never work.

ridingwithnohandlebars says:Nov 27, 2013 7:07 AM

Does anyone and everyone include the NFLPA for agreeing to such a policy?

These guys are getting paid a lot of money to do their JOB. If you work in regular job that has a drug policy then you are subjected to testing also. If you fail one of these tests you are subject to disciplinary action up to and including termination. Why on earth would you risk losing a multi million dollar a year JOB to smoke some pot? I am one of the biggest football fans around and I am amazed at what these guys can do. I am also amazed at how stupid some of these guys are. The dedication it takes to get where they are is amazing. Why cant they apply a little of that to following the rules. It is because they are selfish, not thinking about anybody but them selves. They don’t get to this point by making one bad decision…By this point they have had enough opportunities to straighten up and they choose not to. I have no sympathy for them.

All of that is true Mike. And as a Seahawks fan, I’m almost floored seeing you write ANYTHING that could be construed in defense or support of the Hawks.

All that being said, Tate is right. This was selfish as hell. You have two guys that put their blunt smoking needs ahead of a goal that is becoming more and more attainble for this team.

I understand that the way Browned got placed in stage 3 and the length of his ban may be unfair, but, if he didn’t break the policy NOW, even once, this wouldn’t have happened.

Even if he was in stage three, for failing to show foetests when he wasn’t an NFL player (which I agree is about as dumb of a rule as dumb gets) he knew he was stage three when he took those puffs this year.

Dumb and selfish. A distraction that was completely unnecessary.

ken14andersonforhof says:Nov 27, 2013 7:26 AM

Waaaaaaa, LIFE’S unfair get over it, or at least get used to it like everyone else has to….

Why should he load up the legal cannon? The NFLPA agreed to this and he is a part of the NFLPA so he has to live by the rules. The players do not get to pick and choose what rules they follow and what rules they don’t. If the NFLPA doesn’t like the application of the rule then they need to address it when the negotiating is done. If you are going to utilize a union they you have to abide by ALL the guidelines set forth as such.

If this were true, wouldn’t he have served a four game suspension when he originlly signed with the Seahawks and returned to the NFL? Wouldn’t some suspension have been served in the process of him reaching level 3? n

cardsfann1 says:Nov 27, 2013 8:15 AM

If the NFL took a stance of 0 tolerance like t military has, you might not have so much of a problem. People are still going to try and beat the system, however if you fail one test or “not show up for testing” and you get thrown out of the league and lose millions of dollars and have to get a real job after being labeled, I think it will cut down on this problem. Even in Seattle.

MF I agree if this is the case its ridiculous. But if it is in the CBA how would he fight it?

honkerdawg says:Nov 27, 2013 8:21 AM

Blame the league, blame the policy; when do the individual players take the blame.? Grow up be responsible, why did you even get to this stage in the first place – be an adult take responsibility for failing your drug tests

peytonwantsaflag says:Nov 27, 2013 8:29 AM

Yeah, it probably is unfair, but part of me thinks this is a good thing. Players are cut and brought back all the time, without this policy how many of them go hog-wild on the drugs when they are cut and ruin any chance they have of coming back?

Or, he could be juicing like everyone else who’s tested positive in Seattle.

salmen76 says:Nov 27, 2013 8:50 AM

Somebody call the “Whambulence” for the whiney Shehawks! Cry me a river Browner. I got a suggestion for ya; “Stop Breaking The Law”! You wanta play you gotta pay. Ha Ha. The Shehawks are just scared because the best team in the NFC is coming to their backyard Monday night and they know the Saints will blast them right off the field. So they’re just setting up some excuses to use when they lose 45 to 10. Ha Ha. The Saints are Super Bowl Champions. The Shehawks have NEVER won a Super Bowl and NEVER will. Ha Ha. Just like the scrub Falcons with a bunch of talk and smoke and mirrors. The Saints are bringing their secret weapon to Shehawk Field with them, ‘Rob Ryan’! That’s right. The Saints aint ‘one dimensional’ anymore. Russel Wilson will be running ‘backwards’ for his life on every snap. Drew Brees and his arsenal of weapons will shread the Shehawks banged up/suspended secondary to pieces! Ha Ha! Geaux Saints!

FinFan68 says:Nov 27, 2013 8:53 AM

I disagree. The time for protest was when he was notified of his status not after he got busted again. He knew the consequences and still chose to violate the rules. He deserves scorn, not sympathy

His UNION agreed to this arrangement, and he, as a dues-paying member of the union, must abide by the rules in the agreement.

He KNEW better than to put himself if a situation that could potentially result in this punishment, but he figured that he’d roll the dice and if anything he’d blame someone else and play the “victim” card.

Forst how many of you guys are writing comments on here high as a kite. or are you just stupid? This is for substance abuse, it has nothing to do with the PEDs so stop with the stupid PED remarks.

Second one player that tested positive for PEDs tested positive BEFORE he signed with the Hawks, and they found out after they signed him, he was cut as soon as they knew. Another one tested positive before the season and was on the practice squad, and he was cut when they found out. If you take those guys away, there are a few teams that have more guys that have tested positive, but it is a better story if you drag Seattle through the mud, because you are afraid of them.

Last, why are you Saints fans talking smack? You have won one SB, and you were in existence a whole lot longer than the Hawks were when you won it. So let’s talk about futility. Same with the 49er fans, not many of them are not smart enough to figure that out. When their friends take of their shoes to help them count they all pass out.

Seattle has has some rough years, no doubt about it. They have a very good and deep team this year. They have swagger that you would love your team to have, but hate it when other teams have it. MNF is a huge game, it could mean home field for the playoff’s. We both have some tough teams to play at then end of the season. It will be fun to see how it all shakes out. Good Luck Saints, I hope you play well, even in the loss. Hopefully both teams come out of the game healthy.

bigguy54 says:Nov 27, 2013 9:39 AM

I am not making excuses for Browner because this was stupid, as was Thurmond, selfish and stupid. If it is true he missed the test because he was playing in the CFL, do you think maybe he felt the job he had at the moment was more important than the NFL wanting to drug test him? His Agent said there is a lot that has not come out yet, and he can’t talk about it until his hearing is decided. So maybe we should wait to crucify the guy until we know the truth, but that is not as much fun.

Whether the is a team approved system for dodging urine tests through deception and switching or there is a player-driven system, Seattle has a huge drug problem that needs to be rooted out and dealt with.

It is likely a third to half the team is involved and they have managed to escape nearly unpunished.

Mark my word – there is more to come from this team – the question is whether the NFL will have the balls to do it this year when it will cripple the Seahags in the playoffs or if it will smash the Seahags next season.

We already know some of the players escaped detection through deception so it is only a matter of time before the NFL is embarrassed enough to administer the ultimate smackdown.

My hunch is that the head coach knows – there is something about him that just isn’t right.

clarencewhorley says:Nov 27, 2013 10:15 AM

Wow this is such a stupid argument. Say you are in year 3 of your contract, you get hurt. You ‘retire’ from the NFL, spend year 4 using every PED imaginable, you stop, un-retire, then have a huge year get a huge contract as a free agent.

Seriously how many players wouldn’t take advantage if they could ‘retire’ for a minute and Roid up for more money

There are these things called rules. If the rules are you can’t drink milk, guess what? DON’T-DRINK-MILK. Everything has been agreed upon by the player’s association. Browner has been caught twice now in a year-PED’s and substance abuse (again, I don’t care what it was). He’s a chump. Period.

I was wondering when the excuses and “awwww, he shouldn’t get banned” BS would start. He let his team down. BIGTIME. They are on a potential Superbowl run and that is a flat tire that has to be changed. I’ve said for a long time the inmates are running the asylum there-Carroll is not a strong coach, expect a lot more.

Unfortunately, as other posters have pointed out, your entire theory falls apart because if he had reentered the league in stage 3, he would have been suspended for a year last year.

But just to address the policy itself, it is utterly absurd to assert the right to drug test individuals who not under your employ. Frankly, I don’t care if the NFLPA agreed to it. Unless an unemployed player is still a member of the NFLPA, there is absolutely no way that holds up in court.

People like to come on here and say “well, they agreed to it, there’s nothing they can do”. It doesn’t work that way. Illegal contracts are unenforceable no matter who agreed to them.

A bit confusing to me, If the players union is like most other union’s then aren’t they technically employed by the union? Meaning like say the carpenters union, you may go from job to job i.e. team to team but still be required to test even if currently drawing unemployment or being a free agent?

I really doubt the nfl is out there drug testing a few thousand former players a year on the theory that might some day get back in the league. Is the league so NeoPuritan that going to double the cost of the drug program for so little payoff?
where is your evidence?

The Substance Abuse Policy deals with a completely different list of banned substances than the PED policy.

If ANYTHING, the drugs Browner is supposedly guilty of using were making his performance worse. After all, he had 6 interceptions in 2011, 3 interceptions in 2012, and just one so far this year.

orcahawk says:Nov 27, 2013 11:11 AM

Since we’re speculating, I’ll do some too: I believe there are two policy tracks, one for PEDs and one for controlled substances. Browner may be at stage 1 for PEDs and stage 3 for CS, which would explain why he only served 4 games last year.

I haven’t been really excited about BBs level of play. He’s can’t react quickly enough to cover the comeback and he holds too often. I like his physical play, but the new rules are making it tough to even play that way now. But what I really didn’t like was him looking at the sidelines with his arms out after getting burned, with that “what?” look.

The Hawks are deep because we have a good program for bringing up talent. NEXT !

Agree with eatitfanboy. I am normally a huge advocate of the “rules are rules” argument. However, you have to keep in mind that just because something was made a rule does not make it right or more importantly legal!!! Countless examples of organizations being taken to court over such situations, segregation, privacy protection, gender equality.

Having to submit to drug tests mandated by an ex-employer can be agreed on by the NFLPA and the NFL but that doesn’t mean they have the legal right to do so anymore than they have the legal right to ban a given race/gender/etc.

So – I’m working under the premise that everyone who reads this article, is in fact literate…you know, since they read the article. Yet a good amount of these responses keep referring to PEDs, which has nothing to do with the NFLs substance abuse policy, this article or the situation being discussed. These are two completely separate things.

Yes, the Seahawks have had obvious PED suspensions in the past, but the constant cheating and CheatHawks references on Thurmond and Browner make no sense. I get it – on the internet people love to latch on to these things (See: Patriots Spygate) because obviously none of the teams you follow have players who do drugs, use PEDs, drive drunk, etc.

Last I checked, smoking a bunch of pot doesn’t exactly make you a better football player. Had Browner failed another PED test, he would have received an 8 game suspension. Getting a year because of a failed pot test is fair if he’s a legit Stage III substance abuse member. But if he’s a Stage III player simply because he didn’t submit to NFL drug testing for the FIVE YEARS
he wasn’t even in the NFL…that seems like a rule that needs to be fixed. Either way – we roll on without him…but saying that the suspension is justified is kind of ridiculous.

anicra says:Nov 27, 2013 12:22 PM

Only thing I wonder. With day of HIPPA around us, how is it that these things are leaked before it happens to regular media joes without someone being fired or prosecuted, esp when NFL is tax free organization.

granadafan says:Nov 27, 2013 12:35 PM

It’s so easy to make fun of the Seahawks and especially their fans. They’re like the trailer trash who suddenly hit the lottery. They have money, but their new found wealth can’t buy class. They flaunt it, are super loud and obnoxious, and annoy everyone around them. In two years they’re broke, meth addicted, and with the family hating each other.

So many people keep talking about free passes given to the Seahawks… I’ve been a fan for over 25 years and I’d like to know what all those passes have been for! If there has ever been any gray area with anything having to do with the Seahawks, they have ALWAYS gotten the short end of the stick.

This stuff with Browner, ugh… I could care less. I seriously hope he doesn’t play another down as a Seahawk, but that has nothing to do with drug use. He gets lumped in with the rest of the secondary when he is FAR inferior to the rest of them. In all honesty, Browner is probably the least talented starter on the Seahawks’ defense. He gets beat nearly every play (assuming he doesn’t hold them) and good quarterbacks know to pick on him. He’s extremely fortunate to have Earl Thomas helping him out back there.

Go back and watch all of his interceptions from the past two seasons. I bet over 90% of them are plays where he’s getting beat and the ball is underthrown. To his credit, he does do a good job of actually catching the ball, so it’s not completely bad.

It’s so easy to make fun of the Seahawks and especially their fans. They’re like the trailer trash who suddenly hit the lottery. They have money, but their new found wealth can’t buy class. They flaunt it, are super loud and obnoxious, and annoy everyone around them. In two years they’re broke, meth addicted, and with the family hating each other
———————————————————-You Mad Bro?